Divorce

Lifestyle Relationships
1

I have a few questions regarding divorce. Can someone with family law knowledge answer them please.
1- My spouse is abroad, can i send divorce papers to her from pakistan?
If so, can three divorce be sent at once? Or it has to be one divorce?
2- Can a lawyer send the divorce papers on husband behalf? Should the mail be registered or not?
3- How is it possible to dodge haq mehr? What tactics do pakistani lawyers
use for their clients, so they dodge paying mehr.

I want answers with serious replies.
Thank you.

2

Seriously speaking your third question is pathetic.

Why would you want to 'dodge' mehr which is her right? You yourself said haq mehr.

And you are asking this in religious forum? Talking about dodging people of their rights!!

3

Do you guys have kids?

why the hell you want to dodge haq mehr, u seem to be one cheap person who is seeking ways to take away the right of that lady, and you dare to come in Religious forum and ask for HELP...

4

Re: Divorce

Both of you need to relax and understand the question instead of attacking me.
Read it again. I am asking about 'Pakistani lawyers tactics'. These things are happening in our society, we need to be aware of such low acts and counter them. I am a woman myself and would like to know what injustices i would face in the near future.

5

if you really are a woman I hope and pray that Allah bless you and gives you strength to pass this diffcult stage of divorce with courage and bless your upcoming life with happiness. Ameen!

Cake Art
6

Re: Divorce

[note]Sine the nature of these questions is legal and not religious, i am moving it to life, where i think more people can give you information[/note]

7

If you are a woman then the case is different, i thought you were man and i guess you can understand why i reacted like that..

Anyway, in this case, you may go for the KHULA, in best case scenario, you can have it in 3 months time, and it your husbands decides to not to challenge the KHULA, then it can be done in shorter time.

In cases of Khula, Haq-Mehr is normally the thing which woman often look forward to give up as they want to get rid of the man ASAP. Sharia and Family Law of Pakistan do acknowledge his right for not to pay the Haq-Mehr in case of Khula, however, Shariah/Quran advices the man to pay it to the woman.

If your husband is in USA, then you may want to sue/file the case their as then you will have half of what ever he owes.. you need to be carefull in that as well, because there are some states which give this right to women and there are certain states which doesn't, so choose your state right!!!

May Allah Help you in this difficult times, and brings happiness in your Life ( Ameen)

8

Re: Divorce

the person said she is a woman and the way she has written the questions are from a man's point of view. which means she wants to know information regarding how a male initiates a divorce, not a woman.

i think she just wants to know all the tactics that can be used against a woman?

9

Re: Divorce

Thank you for your wishes.
Sumorani that is right.

10

Re: Divorce

If you ask for a khula...you may end up forfeiting haq meher...regardless of any tactics used by Pakistani lawyers. Just be aware of that.

Also...I hope and pray you make it through this as painlessly as possible. Inshallah.

11

Re: Divorce

Wow.. the thread title really made me panicky. I hate this word :(

12

I beg to differ here. Without knowing the entire matter do not judge a person. Take this hypothetical situation. If the husband has spent quite an amount of unaccounted money for the well being of his in-laws and has exhausted almost all the good sources of income, what can he do. He would need to dodge Haq mehr.

On a personal front, I had a dear friend who married this Bi*. She was forever asking him to spend money on her mother who had some notion on what luxury was. This guy lost his job and then this female sued him for dowry harassment. He was chucked out of his house(he had bought it with his own momey) and now the guy is a mental wreck. The court has ordered him to pay some huge amount as compensation to this bi*.

13

The only thing a man can do to avoid Haq-Mehr, is pressurize the lady to give it up, unless and until she give it up, he is legally obliged to pay the Haq-Mehr, no law in Pakistan (to my knowledge) is there which can take away this right from the women unless and until she gives it up and that is in writing ( and if i am not wrong, in front of court as well)

Now its up to her that how long she can stand the pressure, it can be of any kind, it can be kids, it can be family or you name it, depends on the nature of the man and his access..

14

Re: Divorce

This is wat normaly Pakistanis are doing, I m also a Pakistani but ashamed to see all these kind of things. Really, This is a live example of our topic " Y woman in Pakistan is subjugated " .........

15

  1. Yes, of course but 3 divorces can't Islamically be sent at once (I have heard of some idiots doing this before, in these cases the divorce is not valid), there is an explicit waiting period of several months between them all incase wife finds she is pregnant and to make sure the divorce is not done in haste and they have (hopefully) tried to patch things up. There are all sorts of other conditions for talaq and khula, check out Sunnipath for more info..

  2. Yes, a lawyer can sent on husband's behalf but am pretty sure he'd have to sign the bottom or something, mail does not have to be registered but I guess it would be safer in case wife does not receive and may not even realise divorce is underway. I've heard of ppl sending talak by sms and there are mixed opinions on this, some say not allowed but some say it is so I'm guessing talak by email may be acceptable by some scholars as well.

I have no idea about No.3, u might want to ask around women and men who have gotten divorced to find that out..

16

Re: Divorce

I really don't like this word (and I'm not even married).

17

Marriage and divorce are first religious then state/legal issues.

Without going to any court, a man can divorce his wife. As soon as this happens, that women becomes HARAM on him no matter what courts say.

18

It depends on which Imam you follow, Hanafi, Shaafi, Maliki etc.
Hanifi Sect has the strictest rules about this issue. My answers are based on Hanafi school of thought.

BTW, none of Imams followers are IDIOTS or stupid as Deeba1234 rudely commented.

  1. My spouse is abroad, can i send divorce papers to her from pakistan? If so, can three divorce be sent at once? Or it has to be one divorce?
  • Husband can send papers or call or even send text message saying 'mein nay tum ko TALAAQ DI, TALAAQ DI, TALAAQ DI' and divorce will occur right away
  1. Can a lawyer send the divorce papers on husband behalf? Should the mail be registered or not?
  • Yes. But he doesn't need a lawyer to divorce. Read number 1.
  1. How is it possible to dodge haq mehr? What tactics do pakistani lawyers use for their clients, so they dodge paying mehr.
  • Pakistani gov't and Pakistani nation is the most corrupt gov't and nation on the face of this planet. Dodging a murder punishment is a piece of cake (example: your president Zardari...), what's dodging a haq mahr ? It will probably cost him couple of thousand rupees to do that (paying some Molvi, or lawyer or judge or may be to some minister)
19

Re: Divorce

actually Deeba 1234 is correct and you are greatly mistaken. There is a strict method that includes waiting periods between each of the three times a man says talaaq/divorce. If he says it together 3x, that doesn't mean they are divorced and will only count as one time. Islam makes it a grueling process to get a divorce so that people are 100% sure that they want to go through with it. It gives them ample time to patch up things, try to make it work, wait to see if the woman is pregnant, etc.

It is not divorce if a man simply says talaaq three times in a row!

To say NONE of the imams followers are stupid/idiots is also a mistake.

20

You are a woman, and you just proved it.

This is one of the reason your witness (gawahi) is considered half in Islam. LOL

I need not say anymore.